My father has resided in a local nursing home for over eighteen (18) months. I have recently learned that his family physician has never visited him in the nursing home. I have also learned that no other physician has visited my father while he has been a resident. Isn't the nursing home responsible for seeing that my father is seen by a physician at least once in the last eighteen (18) months?

Each resident must remain under the care of a physician while they reside in a nursing home. The nursing home facility must ensure that the medical and health care of each resident is supervised by a physician. In the event the attending physician is unavailable, the facility must ensure that another physician supervises the medical care of the resident. Further, each resident must be seen by a physician at least once every thirty (30) days for the first ninety (90) days after admission and at least once every sixty (60) days thereafter. You should immediately contact the Director of Nursing and the Administrator to find out why your father has not been seen by a physician and why such fact was not brought to your attention. I would also contact the Texas Department of Human Services, which is the regulatory agency that regulates nursing homes and report the lack of physician visits to them. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My mother resides in a local nursing home. Recently I have noticed a number of articles of clothing and other personal items that are missing from her room. When I asked my mother, she said the staff had taken them. I asked the nurse's aide about the property and they stated that my mother must be mistaken, that no one has taken any property from her room. What can I do to determine if someone is taking my mother's property, and how will this affect my mother if I make a complaint?

The nursing home facility must have developed and implemented written policies and procedures prohibiting misappropriation of a resident's property. You should immediately report your concern to the Administrator of the facility. The nursing home must thoroughly investigate the incident and must prevent any type of abuse or action against your mother due to reporting of a complaint. If you are not satisfied with the result you should report the matter to the Texas Department of Human Services, which is the regulatory agency that regulates nursing homes. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My mother has resided in a local nursing home for the past several months. She is extremely allergic to chocolate. I let the nursing home know that she was extremely allergic to chocolate and could not have any type of chocolate in her diet. On a recent visit, I was there at dinner and she was served chocolate cake as dessert. What should I do to ensure that the nursing home does not allow her to have any chocolate?

The nursing home facility must provide each resident with a nourishing, well balanced diet that meets daily nutritional and special dietary needs of each resident. The facility must employ a qualified dietician either full time, part time or on a consultant basis. If the qualified dietician is not employed full time, the facility must designate a person to serve as a director of food services who receives consultations from a qualified dietician. I would immediately meet with the Administrator, Director of Nursing and the Dietician, as well as the director of food services, to ensure all persons are made aware that your mother is not to have any type of chocolate in her diet. I would also recommend, with the approval of the nursing home, that you post a sign over her bed stating she is not to be fed any type of chocolate so that any individual that is in the room will be aware that she is allergic to chocolate. If you are not satisfied with the results, you should report the matter to the Texas Department of Human Services, which is the regulatory agency that regulates nursing homes. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

I have seen several very large jury verdicts against Nursing Homes. Won't these verdicts bankrupt the Nursing Homes?

No. The Texas Legislature passed a number of laws that restrict the rights of Plaintiffs to recover the full amount of the jury verdicts that have been awarded in this type of case. The large verdicts you have seen are due primarily to the punitive damage awards. Punitive damages are damages designed to punish the Defendant and to deter future neglectful conduct. Per law, the award for punitive damages is severely restricted and will be substantially reduced. Further, the actual damages will be paid by the Nursing Home's Liability Insurance Company. If you are not satisfied with the results, you should report the matter to the Texas Department of Human Services, which is the regulatory agency that regulates nursing homes. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My father lives in a local Nursing Home. He has developed bed sores on his heels and his tailbone. I was upset that he received these pressure sores, but the Nursing Home staff said they were unavoidable. Is this true? Can they be prevented?

Bed sores or pressure sores can be prevented if the appropriate care and monitoring of the resident is performed by the nursing home staff. You should discuss this matter with the Administrator and the Director of Nursing. If they inform you that bed sores are unavoidable, move your father as quickly as possible to a competent Nursing Home that will take the appropriate measures to prevent these sores from occurring. No resident should have to suffer from bed sores or the painful effects of worsening bed sores. If you are not satisfied with the results, you should report the matter to the Texas Department of Human Services, which is the regulatory agency that regulates nursing homes. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

I have seen juries in Texas giving large sums of money to the families of residents who are neglected in Nursing Homes. Aren't the Nursing Homes defending these cases or are they really neglecting the residents that badly?

A trial allows both the Plaintiffs and the Defendants to put on any and all witnesses they wish and to cross-examine all witnesses called by the other side. The Nursing Homes are able to put into evidence any proof they may have that they did not neglect the resident. By the time the jury retires to render a verdict, they have heard from both sides as to the facts of the case. If a jury awards a large sum of money against a Nursing Home, they obviously felt the evidence shows the Nursing Home neglected the resident and the Nursing Home should be punished for its' neglect. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My father resides in a local nursing home. Recently I was notified that the State of Texas has taken over the running of the nursing home due to the improper care rendered by the staff of the nursing home to the residents. My father appears to have suffered due to the lack of care given by the nursing home staff before the State began running the home. Do I have the right to pursue a claim on my father's behalf or must I leave it up to the State?

You can pursue a claim individually for your father even though the State is taking corrective action. The Law allows the State to begin running the nursing home if it determines that action is necessary and in the best interests of the residents. The information gathered by the State will be valuable in determining what actually occurred at the home and will help determine if there are grounds to pursue an individual claim. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My father was placed in a local nursing home several months ago. I recently had to move him to a different home because he developed bed sores all over his body and the staff didn't appear to take any action to prevent them or to help them heal. I would like to contact an attorney to discuss my father's rights, but I don't know how to go about locating an attorney that has experience in handling nursing home claims.

Ask friends or attorneys you know to recommend a Board Certified Personal Injury Trial Lawyer or check with the local Bar Association. A Board Certified Attorney has passed strenuous requirements to become Board Certified, that indicates he/she has a good working knowledge of Personal Injury Trial Law as well as experience in going to trial, if necessary. Only a few attorneys in Texas have passed the necessary qualifications to become Board Certified in Texas. Also, contact only local lawyers in the area of the nursing home who are familiar with the State and Local Requirements for pursing a claim. Meet with the attorney personally and ask the attorney what experience he has had in handling nursing home claims. Most importantly, make sure you feel comfortable with the attorney you retain and that he has satisfactorily answered all of your questions. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.

My mother's doctor has recommended we place her in a nursing home and I want to make sure the nursing home does not mistreat its residents. I have seen in the media where a nursing home's prior track record is discussed when a case goes to trial. Is there any way I can obtain information regarding a nursing home's past record of complaints by residents, before I place my mother in that nursing home?

Yes. The Texas Department of Human Services conducts surveys, investigates complaints and makes regular inspections of the nursing homes it regulates. All information they obtain is, by Law, put into a report. Certain information, such as an individual's name, etc... is deleted to protect the individual, but all remaining information regarding their findings or any violations of State Law are available to the public. Currently, anyone can obtain the reports directly from the Texas Department of Human Services. However, the nursing homes and their insurance companies are attempting to limit what information can be made available to the public and what can be introduced as evidence in court in an attempt to keep their past bad record from being made public. If there are any other questions regarding the rights of nursing home residents and the duties of the nursing home staff, please feel free to contact our office.